Inspector Monks Rutland LPU Commander, Leicestershire Constabulary, Liberty
Many who read my blog will know I made three complaints about Inspector Monks conduct.
Many months on senior officers are working hard investigating my complaints?
At the same time, I sort advice from Liberty the human rights organisation, I have just received a very helpful long e-mail.
The information may be useful for others
Subject: Liberty - your query
Date: Tue, 19 Jul 2011 12:46:28 +0100
From: ##########M@liberty-human-rights.org.uk
To: martinjbrookes@hotmail.com
Dear Mr Brookes
Thank you for your query received on 04 December 2010 and follow up received on 6 May 2011. I am sorry for the delay in replying to you which is a result of the large number of queries we are currently processing and our limited resources.
I understand that your local police have disclosed information about you to your GP in order make an appointment for the doctor to ‘check out your mental condition’. You would like information about the sharing of information between the police and your GP.
At the outset I should say that Liberty unable to help you directly with your case. This is because Liberty is a small civil liberties organisation that focuses on bringing test cases with a view to challenging domestic law under the Human Rights Act 1998 or under European human rights law. We have limited resources and receive many requests for assistance. However I have set out some information below which I hope you will find useful.
Sharing of information by the police
The fundamental rule is that police information should not be disclosed without the consent of the relevant person unless there are important considerations of public interest to justify departure from the general rule of confidentiality. This means that there must be a pressing social need and that the disclosure must be proportionate.
Exceptions to the general principle of non-disclosure may arise where, for example, there is a need to protect vulnerable members of society, ensure good and honest administration of the law or protect national security.
Information sharing
Information sharing can sometimes take place without your consent. However, it should be clear why the information is being shared and who is involved. If organisations want to share sensitive or confidential information, they are more likely to need your consent. For example, if they want to share information about your health. If you are asked to consent to information sharing, you should have a genuine free choice. Consent shouldn’t be used as the basis for sharing information if, in reality, you have little or no choice.
Information may generally only be shared without you knowing about it where telling you about the sharing would be likely to prejudice a criminal investigation, or prevent a vulnerable person receiving proper protection.
Data Protection Act
You have a legal right to access information held about you, ask an organisation to stop sharing information about you, or make a request under the Freedom of Information Act 2000 for the information relating to a public body’s information sharing, such as their policies and procedures.
The first thing to do is to contact the organisation or organisations that you think are sharing information about you. They should be able to tell you exactly what the shared information is, who it is being shared with and why.
The quality of the shared information is important. For example, it should be accurate and up to date. If you have concerns about the quality of the information being shared, or if you have any other concerns, you should take them up first with the relevant organisation or organisations.
You have a limited right under the Data Protection Act to tell an individual or organisation to stop ‘processing information’ about you (this includes sharing information) if it is causing you substantial damage or substantial distress which is unwarranted. You must make clear, in writing who you are and clearly describe the ‘information processing’ that you wish to stop. This could relate to the use that is being made of the information or it could be the information itself, who the information is being released to or how it is being processed, why this processing is causing you unwarranted and substantial damage or distress. However, this right does not apply to any processing done either with your consent or where is necessary to protect your vital interests. The organisation should reply in 21 days and explain what, if anything, they are going to do in response. They should also give their reasons if they think your demand is not justified in any way. You should keep copies of all the correspondence relating to the matter. Also record the dates of any communications. This will be important evidence for any subsequent proceedings.
Under the Data Protection Act, those who collect and use personal information have to follow rules of good practice for handling information (called the data protection principles). The Act also gives rights to individuals whose information they collect and use.
The first data protection principle requires the authority to process personal data fairly and lawfully. In practice, it means that they must have legitimate reasons for collecting and using the personal data, not use the data in ways that have unjustified adverse effects on the individuals concerned, be open and honest about how they intend to use the data, and give individuals appropriate privacy notices when collecting their personal data, and make sure they do not do anything unlawful with the data.
Crime and Disorder Act 1998
The Crime and Disorder Act 1998 (“CDA”) aims to criminality, disorderly conduct, and anti-social behaviour in local communities. Other than describing the kind of behaviour that is prohibited, it also sets out specific powers that authorities may use in order to combat anti-social behaviour.
In particular, s. 115 provides certain authorities the power to disclose information to others, in situations where that disclosure would otherwise not be allowed. Therefore where “the disclosure is necessary or expedient for the purposes of” preventing conduct prohibited under the Act, the chief officer of police for a police area in England and Wales a police authority may share information with a Strategic Health Authority or a health authority. The police may suggest that you were engaged in, or likely to engage in, anti-social/disorderly behaviour and seek to justify the information sharing on this basis.
Police policy on sharing information
Most police authorities have devised their own policies for the sharing of information with local partners. The policy devised by Leicestershire Police, which may be of interest to you, can be found at www.leics.police.uk/library/22_information_sharing/.
Practical steps
Being a protocol devised by them, Leicestershire police can reasonably be expected to fully comply with it in all cases. Should you believe that your information has been shared in breach of these provisions, you may consider making a complaint. First, tell the police force concerned. Unfortunately as the information has already been disclosed, there are limited steps the police can take. You may wish to request that they do not share your personal data in future without your consent. If you have contacted them about the problem but have been unable to solve it, the Information Commissioner’s Office (ICO) may be able to help.
You can make your complaint to the ICO by email if all your supporting evidence is available electronically. Alternatively you can complete the Data Protection Act complaint form and post it to “First Contact Team, Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF”.
You may wish to consult your local citizen’s advice bureau or law centre before making a complaint. Alternatively, you may wish to verify the legal position with a specialist solicitor. You can find a list of solicitors in your local area by visiting the Community Legal Advice website (http://www.communitylegaladvice.org.uk/) or calling 0845 345 4 345.
I hope you find the above information useful and I am sorry we cannot assist you further. I wish you all the best and thank you for contacting Liberty.
Kind regards
Advice and Information Officer
Liberty
Protecting civil liberties
Promoting human rights
Promoting human rights
########m@liberty-human-rights.org.uk
www.liberty-human-rights.org.uk
What's not to love about the Human Rights Act? www.love.commonvalues.org.uk
What's not to love about the Human Rights Act? www.love.commonvalues.org.uk
